7/7/2021
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On May 4, 2005, Mesina left for Saudi Arabia and commenced working with AKJO on
May 7, 2005.[6]
On the first week of February 2006, or after nine months since he started working,
Mesina experienced chest pains. He was confined at a local hospital on February 11,
2006 on account thereof. His severe chest pain was diagnosed as a heart disease but
he was discharged as his health was regarded "in good condition".[7]
On February 18, 2006, Mesina was again admitted to the same hospital because of
chest pains. His condition eventually improved, but his doctor advised him to
immediately undergo an Angiogram Test in a better equipped hospital. He was
discharged on February 19, 2006.[8]
According to petitioners, Mesina opted to come home to the Philippines since he felt he
could be treated better in his home country for his congenital heart ailment with his
family around. They likewise claimed that they gave Mesina an entry-reentry visa so
that he could return to them for work after his recovery.[9]
However, contrary to the foregoing, Mesina claimed[10] that against his will, the
following day, or on February 20, 2006, MAZTPC requested AKJO to immediately
repatriate him due to his serious medical condition.[11]
On February 22, 2006, Mesina was repatriated. [12]
During the first week of June 2006, Mesina reported to Omanfil and sought
reimbursement for his medical expenses and for further expenses for the operation and
treatment of his illness in the total amount of P500,000.00 and submitted, among
others, a Philippine Heart Center's (PHC) quotation for operation materials in the
amount of P366,099.90, exclusive of doctors' fees and hospitalization charges.[13]
However, petitioners did not accede to his demands since pursuant to the employment
contract, the free medical treatment may only be availed of by Mesina during the
period of his employment.[14] Moreover, Mesina's heart ailment could not have been
work-related or acquired during his short term employment of nine months, thus he is
not entitled to free extensive medical treatment, as contemplated in Item 8 of his
employment contract.[15]
Aggrieved by what he believed to be termination of his employment without any legal
justification,[16]Mesina proceeded to file a case for illegal dismissal, refund of
hospitalization and medical expenses, damages and attorney's fees[17] against
petitioners.
Ruling of the Labor Arbiter:
In a Decision dated December 21, 2007,[18] the Labor Arbiter dismissed Mesina's claim
for illegal dismissal but ordered petitioners to pay him separation pay.[19] The
dispositive portion of said Decision reads:
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66825
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